Terms Of Use

This page states the Terms and Conditions under which you use https://pegasusbainbridge.com. Please do note that any use of this website means that you agree to the following Terms and Conditions. Even if you actually don’t read them…

The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

Your Agreement with pegasusbainbridge.com

These Terms and Conditions along with our Invoice and Privacy Policy Constitute the agreement between you and us relating to the provision of goods you have offered to purchase. These conditions supersede all other proposals both aural and written.

Upon ordering we are not making a legal offer to provide the goods ordered. We are inviting you to make a legal offer to us for you to purchase the goods. It is entirely at our discretion to reject or accept your offer of purchase.

This agreement is only confirmed when we have accepted your offer to purchase the goods and have sent you an invoice or dispatch receipt that includes the date of the agreement being accepted which will be the date shown on said invoice or receipt.

Product Display and Orders

All features, specifications, products and prices of products and services described on the Site are subject to change at any time without notice. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. While we may personally regret any error, legally, we make no representation as to the completeness, accuracy, or currency of any information on the Site.

We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Site or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors.

The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.

All agreements of your offer to purchase goods are entirely subject to their availability. Our acknowledgment of order acceptance via e-mail or web is not a guarantee of delivery. In the event the items you have ordered are not available, you will be contacted, and alternative or a full refund offered. If we are only able to fulfill part of your order, payment will be taken for your whole order, then, on dispatch, a full refund for the unavailable goods will be made.

Payments can be made using any of the methods listed in the below payments section. The total amount will be debited from your account when we have accepted your offer to purchase goods from us.

Payment Information

We currently accept the following forms of payment:

  • Mastercard
  • Visa (Debit and Credit)
  • American Express
  • Discover
  • PayPal

Payment can be made using only the methods above, and payment for your full order offer will be taken immediately. The total amount you pay is the same regardless of the payment method. All payments are secure, handled by PayPal in associated with WooCommerce, Printful and our other third-party partners, and subject in turn to each of their own terms and conditions.

Delivery

Via our fulfillment partners, we aim to deliver all orders as quickly as possible. Having said that, the delivery times stated on the website are based on approximations and do not constitute any kind of legal guarantee. Weather, higher powers, the US Postal Service and various other third-party factors can and may cause unforeseen delays. All we can humbly suggest is that we think that the items offered are well worth the wait.

Our Returns Policy

Our returns policy means that if you are not fully happy with the non-coffee goods you have received, you can return them to us within 20 days of receipt, providing they are in the original resalable condition.Once returned you will be entitled to receive an exchange or a refund, which will not include the cost of the original postage and packaging. We are not able to refund or exchange items that appear to have been worn, washed, or are not in original condition.

Due to the perishable nature of coffee goods, they are non-returnable. If you feel you have not received the coffee you ordered, please contact us and we will rectify the error as soon as we possibly can (and feel terrible about it the whole time). This does not affect and is in addition to your statutory rights as a consumer.

Please enclose the completed Returns form with your goods, as no form may result in taking longer to process the return. Please make sure all returned items are well packaged, as not to be damaged in the post. It is your responsibility to make sure all return packages are sent with a trackable, insured service, as we cannot take responsibility for items damaged or lost in any return transit.

Information on the Website

Whilst every effort is made to update the information contained on this website, neither the Pegasus Coffee House nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website.

The Pegasus Coffee House reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know. If you are still attentively reading this page, we offer our hearty congratulations to you.

Registration

To access some features of the Site you may have to create an account.  You must be at least 18 years of age in order to create an adult account or submit any Personal Information to us. If you are at least 13 years old, but are not considered an adult in the State in which you live (generally age 18), you can only register and submit Personal Information to us if you have your parent or legal guardian’s consent. If you are under 13, we must obtain verifiable parental consent from your parent or legal guardian in advance before you may register.

You must submit a valid e-mail address and select a password during the registration process. When creating your account, you must provide accurate and complete information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. We reserve the right to refuse registration or cancel an account in our sole discretion and without prior written notice to you. You are solely responsible for maintaining the confidentiality and security of your account, and for keeping your account information up to date. You may never use another person’s account without permission.

Trademarks

The trademarks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Pegasus Coffee House. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the Pegasus Coffee House

External Links

External links may be provided for your convenience, but they are beyond the control of the Pegasus Coffee House and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Pegasus Coffee House. Please contact us if you would like to link to this website or would like to request a link from the Pegasus Coffee House to your website.

Promotions

From time to time we may sponsor contests, sweepstakes or other promotions (collectively, “Promotions”) on the Site and also through our stores. Participation in such Promotions is completely voluntary. If you elect to participate in any Promotions, your participation shall be governed by the rules and regulations (“Official Rules”) of the Promotion; however, your use of the Site will also be governed by these Terms. If any aspect of these Terms or the Official Rules of any Promotions in which you participate are incompatible or conflict, the Official Rules will govern your participation. You agree to strictly abide by any and all such Official Rules. Any personally identifiable information or other materials you provide in conjunction with any Promotions shall become the property of the Pegasus Coffee House and shall be governed by our Privacy Policy, unless otherwise stated in the Official Rules on each Promotions page.

Warranties

The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.

Disclaimer and Limitation of Liability.

THIS SITE AND ALL CONTENT AND SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR ANY GUARANTY OR ASSURANCE THE SITE, CONTENT OR SERVICES OFFERED THROUGH THE SITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT THE SITE OR CONTENT ARE ACCURATE OR ERROR FREE, THAT DEFECTS THEREWITH WILL BE CORRECTED, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.  THE PEGASUS COFFEE HOUSE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS OR INFORMATION.  BY USING THE SITE YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK.  YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ANTI INDIVIDUALIST AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM (a) ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OFFERED THROUGH THIS SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (b). LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED FIVE HUNDRED DOLLARS ($500).  BOTH PARTIES AGREE THAT FIVE HUNDRED DOLLARS ($500) IS A REASONABLE ESTIMATE OF THE MAXIMUM DAMAGES, IF ANY, WHICH MAY RESULT FROM USE OF THE SITE.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend us and the Pegasus Coffee House against any demands, claims or actions brought against us or the Pegasus Coffee House arising as a result of any breach or violation of our Terms by you (“Claim”) and you shall indemnify and hold us and the anti individualist harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees) resulting from any such Claim.  We reserve the right, at our own expense, to assume exclusive defense against any Claim and all negotiations for settlement or compromise, and you agree, upon request, to cooperate with us in the defense, settlement or compromise of any such Claim.

Choice of Law, Disputes and Jurisdiction

The Site is administered by the Pegasus Coffee House team from its retail locaton in Bainbridge Island, Washington. These Terms will be governed by and construed in accordance with the laws of the state of Washington, without giving effect to any principles of conflicts of laws. Any matter and/or dispute relating in any way to your visit to or interaction with the Site, including compliance with these Terms, shall be submitted to binding confidential arbitration in Washington as provided below.

Notwithstanding the foregoing, to the extent you have in any manner infringed or threatened to infringe on our intellectual property rights, you unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts of the state of Washington and you will not object on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.  You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings.

Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that the Pegasus Coffee House’s agreement to arbitrate claims constitutes consideration for such waiver.

Arbitration

Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not permitted by applicable law, the parties waive all rights to trial by jury and waive all right to commence or participate in any class action, consolidated, representative or class proceedings.

General

These Terms, together with our Privacy Policy and any other regulations, procedures and policies which we refer to are hereby incorporated by reference and contain the entire agreement you have with the Pegasus Coffee House regarding the Site, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter.

If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms, including the Site and Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of the Pegasus Coffee House The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms, including the Site and Content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

Copyright Complaints

If you believe that any Content available on or through the Site violates your U.S. copyright please follow the steps indicated below.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on our Service should be sent ONLY to our Designated Agent.  The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, REPORTS OR E-MAIL ABUSE) TO THE CONTACT LISTED BELOW.  YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:
Attn: Legal
Pegasus Coffee House
131 Parfitt Way SW
Bainbridge Island, WA 98110
Re:  Copyright Infringement

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(a) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(b) Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
(c) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(e) Your name, address, telephone number, and e-mail address;
(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Use of the Website

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than the United States of America). By accessing the website, you warrant and represent to the Pegasus Coffee House that you are legally entitled to do so in your home state, and to also make use of information made available via the website.

Entire Agreement

These website terms and conditions constitute the sole record of the agreement between you and the Pegasus Coffee House in relation to your use of the website. Neither you nor the Pegasus Coffee House shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Pegasus Coffee House in respect of your use of the website.

Alteration

The Pegasus Coffee House may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then-current version each time you visit the website. Fun!

Comments or Questions

If you have any questions, comments or concerns arising from the website, the Privacy Policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information, then please immediately  contact us.